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CRIM 203 - Judicial Organization - Quiz 1
Cal State LA - Professor Carley Mitchell
48
Criminal Justice
Undergraduate 2
02/03/2014

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Cards

Term
1st Amendment
Definition
Freedom of speech, religion, assembly, press, and to petition the government.
Term
2nd Amendment
Definition
Right to bear and keep arms
Term
4th Amendment
Definition
No unreasonable Search and Seizures with out a warrant given for probable cause.
Term
5th Amendment
Definition
Double Jeopardy, Protection from self incrimination, grand jury indictments, private property can not be taken for public use without just compensation. Guarantees due process.
Term
6th Amendment
Definition
Right to a speedy trial with a jury of peers. right to confront witnesses, and the right to counsel.
Term
8th Amendment
Definition
No excessive bail or cruel and unusual punishment.
Term
14th Amendment
Definition
Equality for all people. Private persons arrest. Guarantees due process for all people.
Term
Civil Law
Definition
1. Purpose of compensation, 2. Sue for anything, 3. Preponderance of evidence, 51%, 4. 75% of Jury Agreement, 5. No public defender
Term
Criminal Law
Definition
1. Purpose of Retribution and Punishment, 2. Must have committed a crime, 3. Proof beyond reasonable doubt, 4. Unanimous jury decision, 5. Right to an attorney.
Term
Crime
Definition
Violation of the Law due to either commission or omission. Must have a penalty.
Term
Consensual encounter
Definition
face to face contact between law enforcement and the public where no justification is needed, only consent is needed. Public must be able to leave. Consent can be given or taken away.
Term
Detention
Definition
A person can not reasonably leave. Justification is reasonable suspicion.
Term
Reasonable Suspicion
Definition
Reason why police believes that a person have been, are, or will be committing a criminal activity. Pad down are not justified.
Term
Arrest
Definition
Taking a person into custody in a manner authorized by law. Justification is probable cause. Police are allowed to whether or not crime has been committed.
Term
Probable Cause
Definition
Police can say why a person is believed to have committed the crime.
Term
Private Persons Arrest
Definition
Can only do so if a crime was committed in fact.
Term
Infraction
Definition
A citable offense. Can't have a jury trial, can't have a public defender because freedom is not at risk, only a fine.
Term
Misdemeanor
Definition
Crimes to be arrested. Many are citable because prisons are full. Options are fine, county jail, probation, or any combination of the three.
Term
Felony
Definition
Crimes for which you can go to prison or pay a fine, go to probation, or death.
Term
Arrignment/initial appearance
Definition
1. Advised of the charges, 2. Know courtroom rights & first time hearing charges, 3. To verify the identity of the accused, 4. Enter a plea.
Term
Bail
Definition
Purpose to make sure the person returns to court, and to ensure public safety. Violent crimes = higher, Low income = higher, high income = low.
Term
Preliminary Hearing
Definition
A screening process. A short version of the prosecutor's P.O.V. of the case. To find out if the suspect is the correct person, and if a crime has been committed.
Term
Trial
Definition
Finding of Fact
Term
Sentencing and Goals
Definition
1. Retribution - punishment & justice, 2. Rehabilitation - fix and make good and productive person in society, 3. Restoration - Fix the victim, make the victim whole again, 4. Selective Incapacitation - incapacitate to deny access to victims, 5. General Deterrance - punish to make an example of what would happen if crime is committed.
Term
Parole
Definition
1. After jail/prison, 2. set at state level control, 3. give up 4th amendment rights, 4. Finish up the rest of the sentence outside, 5. Still under supervision of parole officers.
Term
Probation
Definition
1. In lieu of jail, 2. Controlled by the judge, 3. tailored to offense, 4. No requirements to have probation officer.
Term
Evidence-relevant, Legally obtained
Definition
If law is pertinent to proving what your are trying to prove.
Term
Exclusionary Rule
Definition
Result from the 4th amendment, aimed at punishing the police when rule of obtaining evidence are not followed. Trial can throw out illegally obtained evidence, rule enforced in court.
Term
Direct Evidence
Definition
Directly proves what you are trying to prove. Can't be anyone else.
Term
Circumstantial Evidence
Definition
Requires an inferrence, anyone could have done it.
Term
Proof
Definition
Desired effect of well prepared evidence.
Term
Beyond a Resaonable Doubt
Definition
Proof needs to be this on all elements of the crime for criminal cases.
Term
Evidence
Definition
Stuff relevant to what is trying to be proved and is legally obtained. Anything can be.
Term
Plea Bargaining
Definition
A bargaining where a person pleads guilty and waives their right in order to get a great deal on the sentencing, type of charge, and amount of counts.
Term
Plea in Abeyance
Definition
Dismissal of case after probation and restitution is performed, in return of a guilty plea. If law is broken during probation, there is a direct conviction because already plead guilty.
Term
Charge Bargaining
Definition
bargain of change in the charge. Modify the charge to a more desirable position, so to make that person plea guilty.
Term
Sentence Bargaining
Definition
The attorneys agree to a fair sentencing in order to avoid trial.
Term
Jury Penalty
Definition
if we offered the plea before trial and you go to trial and is found guilty, then all pleas are off the table. Harsher Punishment given by the jury.
Term
Count Bargaining
Definition
Bargain to dismiss counts in multiple counts, if agree to plead guilty on certain other more important counts.
Term
Bargaining for Testimony
Definition
Applied in multiple criminals in one crime. Grant lower sentences or even immunity for testimony about others involved in the crime
Term
Forfeiture
Definition
If one doesn't contest a forfeiture of assets, a smaller sentence is granted.
Term
Trial by Declaration
Definition
Write a letter, a story to the judge explaining why you shouldn't be convicted. Decision of guilt and evidence will be judged by the evidence in the letter.
Term
Crime Control Model
Definition
Protection of the public from bad people. Focuses on the bad people. Don't care about criminal rights.
Term
Due Process Model
Definition
The most important thing is the rights. Not the conviction of somebody. "Better 100 guilty are free, than 1 innocent sent to the gallows"
Term
Statutory Law
Definition
A source of law where all law is created through a legislative body and defines what should or shouldn't do.
Term
Constitutional Law
Definition
Defines the relationship between people and the government who serve them. Settles disputes between states.
Term
Case Law
Definition
Established in the appellate courts and decisions binding on future cases.
Term
Adversarial System of Trial
Definition
A prosecution vs. the defense. Both parties try their best to win the trial, and are obligated to try their hardest to get the win. The goal of a trial is to get a verdict.
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